Scheibel v. Hillis

STEWART, Presiding Judge.

This is the second appeal of this case. This appeal has its origin in the proceeding had prior to the first appeal. A review of those proceedings is necessary to our consideration on this appeal. Plaintiff brought an action for personal injuries against Betty Hillis (Hillis) and Richard Joyner (Joyner). The trial court sustained Hillis’ separate motion to dismiss for failure to state a claim upon which relief could be granted. The court did not enter an order making the dismissal a final judgment for the purpose of appeal. Thereafter default and inquiry was granted…